KRISHNA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. This application has been filed for quashing of the entire criminal proceeding of Kotwali [Ranchi] P.S. Case No. 377 of 2011 [G.R. No. 2128 of 2011] including the order dated 06.01.2012, whereby and whereunder, learned Chief Judicial Magistrate, Ranchi took cognizance of the offences punishable under Sections 420, 468, 471, 477 and 120B of the Indian Penal Code against the petitioners. That order is under-challenge in this application.

(2.) Before adverting to the submissions advanced on behalf of the petitioner, the case of the informant needs to be taken notice of.

(3.) It is the case of the informant that the informant's grand father had purchased certain land from one Shekh Asim Ali, which land was inherited by the father of the informant, in whose house the husband of the petitioner No. 1 as well as the father of the husband of the petitioner No. 1 were working, but they in course of time, fraudulently got the sale deed with respect to certain piece of land belonging to the informant executed in their favour by the heirs of the recorded tenant, Shekh Asim Ali. Thereupon a Title Suit was filed by the informant being Title Suit No. 168 of 1994, which got dismissed on 14.03.2000 on account of its non-prosecution. Again a Title Suit being Title Suit No. 135 of 2011 has been filed against the petitioners. Thereupon this F.I.R. has been lodged on the allegation, as stated above, wherein, it has been alleged that the accused person by getting sale deed with respect to land belonging to the informant executed has committed offence of forgery as well as cheating. On the said allegation, the F.I.R. was registered as Kotwali [Ranchi] P.S. Case No. 377 of 2011 under Sections 420, 468 and 471 of the Indian Penal Code. After completion of the investigation, charge-sheet was submitted, upon which cognizance of the offences punishable under Sections 420, 468, 471, 477 and 120B of the Indian Penal Code was taken against the petitioners vide order dated 06.01.2012. That order is under-challenge in this application.